Why You Need a Family Law Lawyer
There are many instances where you will need the expertise of a family law attorney. Your day to day life, especially when intimate relationships are concerned, can be turned upside down if not properly handled. For instance, when filing for divorce, you will need legal representation to ensure that your rights are protected. If you have children, divorce could mean battling for custody, which can become especially tricky if you and your partner cannot agree on a plan. Are you considering giving or receiving spousal support? In these matters, it is always best to retain a family law attorney to represent you.
Retaining the services of a family law attorney can be beneficial in many ways. A common misconception when choosing to represent yourself in court is that you can rely on the judge and the court system to aid you in understanding the process . Unfortunately, this is simply not the case. A judge is not there to help you by explaining legal terms or the process. You are expected to know these things. A family law attorney, however, can help you to understand all aspects of your case and advise you of how the law in Surprise, AZ applies.
A family law attorney in Surprise, AZ will know the local laws and be familiar with how courts in the area apply laws differently from one another. Having local experience is invaluable in court. You will also benefit from your attorney’s understanding of Arizona law when it comes to divorce and child custody. Divorce and custody battles are challenging enough without having to deal with the details of local law.
Family Law Services
The services rendered by family law attorneys are as diverse as the problems they help to solve. From providing advice to helping to draft complex legal documents, a family law attorney can be an invaluable resource for you and your family. Whether you undertake a collaborative approach to resolving your case or prepare for settlement negotiations, your family law attorney can help you understand what is at stake. In addition to counseling you through major decisions, your family law attorney can also make sense of the vast amount of paperwork involved in most family law cases. Indeed, one of the most important services a family law attorney provides is developing a clear and concise plan that helps you resolve your legal issues.
Because many issues in family law arise unexpectedly, a family law attorney can also provide representation at court when needed, whether in enforcing your existing court orders or negotiating a new agreement. While parties can often reach resolution without resorting to litigation, in some cases, parties are unable to reach resolution because of the nature of the issues involved. For example, a divorce involving significant marital property, or other contentious issues, may require several documents to be drafted by attorneys and/or a judge who will review the information presented by both parties to determine how the issues will be decided. Additionally, a party seeking to enforce a court order may have no choice but to file a lawsuit requesting the court to enforce an existing order. Your family law attorney should be able to advise you on what legal steps to take, and be able to effectively advocate on your behalf.
For individuals who have family issues that require prompt, professional assistance, a family law attorney can provide mediation as well – or refer you to a qualified mediator. Mediation is a process that encourages parties to come together to negotiate outside of court in an effort to reach a mutually beneficial settlement. Generally, both parties agree to undergo the process and participate in good faith – agreeing not to make any comments to the media or others outside the negotiation process that would damage the other party’s reputation, for example. The goal is to peacefully negotiate a resolution that avoids costly litigation, and a knowledgeable family law attorney can provide effective representation during mediation or counsel on whether or not mediation is a good choice for your family’s needs.
Attorneys may also help with specific drafting of documents such as premarital agreements, postmarital agreements (also known as post-nuptial agreements), separation agreements, requirement for Notarization, child custody evaluations, modification of custody/child support visitation, domestic violence, enforcements, motions, appeals, etc.
With a multitude of potential services a family law attorney may provide, choose an attorney that you’re comfortable with and that meets your family’s individual needs to help you.
Finding the Right Family Law Attorney
In your search for a family law attorney, there are several factors to consider. First, you’ll want to find someone with a great reputation in the Surprise area. You may have been referred to them by someone else, or you may have come across them while doing your own research. You want a lawyer with a strong reputation who’s respected within the community and among peers. Positive reviews from satisfied clients and well-respected attorneys, judges, and colleagues are all important signs that you’re on the right track.
Another vital consideration is the experience of any potential candidates. Look for a lawyer with specialization in family law and years of experience handling cases similar to your own. You want someone who has seen it all and knows how to handle any surprises that may arise throughout the process. With a skilled family law attorney, you can be assured that your case will be handled with professionalism and expertise.
Communication skills are also a must. During your consultation, pay attention to how they communicate with you. Are they respectful, courteous, and well-spoken? Do they seem willing to listen to your story and any relevant details you share about your situation? More importantly, do they seem like someone you can trust? Remember, you’re in for the long haul when it comes to your legal matter, so you want an attorney you feel confident and comfortable with from day one.
Lastly, you should check for reviews from previous clients. Reading online reviews is an easy way to learn more about an attorney’s skills, temperament, reliability, and the results achieved on behalf of other clients. Shy away from attorneys with negative reviews or a consistently bad reputation.
Choosing the right family law attorney in Surprise may seem like a challenge, but with these tips, you’ll know exactly what you’re looking for. Make the most of your free consultations by coming prepared with questions, and you will soon be able to find the right lawyer to handle your case.
Costs and Fees
Understanding the cost and fee structure of your attorney is fundamental to the forex that you can expect in any case. In Surprise, AZ, the most common fee structure for a family law attorney is an upfront retainer fee which provides your attorney the ability to bill a certain number of hours. The retainer I received was $3,500, with an hourly rate of $400.00. This is fairly standard for an attorney that has been practicing law for about 5 years. If you are going to retain an attorney that practices family law part time, don’t be surprised if their retainer fee is significantly lower than that as they are trying to obtain your business away from someone who does practice law full time.
When considering other costs, understand that your attorney will likely have a "paralegal" or administrative assistant of some sort. Rather than having any sort of qualification or specializing in any particular area of the law, most of these paralegals or administrative assistants are simply secretaries that bill their time at an hourly rate of $150.00. When I retained my attorney, I was not informed of the rate her "paralegal" charged, but as I began to receive emails from her new assistant and continued to review my billing statement, I began to become aware that this person was not a paralegal practitioner as much as a secretary with a phone. When you receive the bill you immediately, and more often than not, you will see the billing of time by more than one person. Mine was billed at the same hourly rate as my attorney and her paralegal and each time, I immediately shot back a disputing email. The emails as well as every single line item on the bill was disputed and questioned. I recommend that you familiarize yourself with terms used so that you do not pay for things that were unnecessary and improperly or wrongly included in your bill. For example, there is one line item that comes up fairly often titled "review of correspondence". This was one of the first disputes I had with my attorney. I took exception to this line item because I thought it was a way to bill for very natural things that are part of what an attorney does. The act of reviewing correspondence. It turns out, it meant that your attorney reviewed the mail they got that day, but it was still annoying to me and I didn’t understand why there were 2 emails where both my ex-wife and I had emailed at the same time and I was billed for the same exact time and activity for both.
One of the best things you can do to mitigate some of these fees is to perform as much of the work yourself as you can. The more an attorney has to do, the more you will be billed. The catch 22 is that the more issues there are with your case and the more it is contested, the more work you have to do. If you have a self-sustaining relationship and no children or property to divide and the divorce will go somewhat amicably, you may get away with very minimal amounts of work.
If you’re really stuck, there are now websites that act as a type of legal aid service. It’s a legal exchange system where every party involved is a licensed attorney. Often, you can find a lawyer that is both able to handle your case and very affordable. But you may have to work harder for your legal rights than you would with a traditional law firm. But it’s certainly worth considering if you are cash strapped and need legal assistance.
Typical Family Law Cases
Common Family Law Cases in Surprise, AZ
In the context of family law, The Law Offices of Sean J. Cusseaux represent clients in a multitude of legal matters. The general areas of focus include:
Divorce
Divorce proceedings can be lengthy and complicated. In a divorce proceeding, all issues regarding asset division, spousal support, and child custody need to be resolved before the marriage dissolution can take effect. While the presence of minor children is often the most contentious aspect of a divorce proceeding, a family law attorney also helps clients navigate the matters of asset division and spousal support. Negotiating a divorce settlement is essential to a divorce proceeding. The Law Offices of Sean J. Cusseaux have the experience to handle the challenges of divorce proceedings on your behalf.
Child Custody
Family law attorneys are able to advocate for the best interests of children in a variety of contexts. In divorces involving children, a family law attorney is able to assist with child custody arrangements. A family law attorney can listen to clients concerns regarding child custody and help them navigate these sensitive issues. In the past, the courts tended to favor sole custody arrangements, but many jurisdictions now recognize the value of co-parenting and joint custody arrangements. In reaching a child custody arrangement , the courts consider the best interests of the child. This means that experience and insight on the motivations of the Judge can make a difference in the outcome of a custody case.
Adoption
The adoption process is one of the most rewarding experiences for many clients. For parents who feel that they can provide a nurturing and loving home for a child in need, adoption can be the answer to their prayers. Arizona has specific adoption laws that must be followed in order for the adoption to be finalized. A family law attorney can help educate clients about the adoption process and the requirements for a successful adoption. There are two primary types of adoptions, international and domestic.
Termination of Parental Rights
Termination of parental rights may be involuntary or voluntary. Often, with domestic adoption, a party will voluntarily terminate their rights, perhaps due to a medical condition. Involuntary termination may occur in guardianship situations where the parent has become incapacitated. A party with custody may petition the court to terminate the parental rights of the other parent. A family law attorney at The Law Offices of Sean J. Cusseaux is able to represent the client in the petition to terminate rights. For an involuntary termination, the court must find that there are sufficient grounds.
Questions to Ask
Your initial consultation with a family law attorney should provide crucial information on whether they are the right lawyer for you. Below are some of the basic questions you should ask:
How long have you been practicing family law?
Almost all attorneys can show off their stellar record in criminal or business law. But only a family law attorney who has spent years in the trenches doing what you need them to do can guide your case through the emotional minefield that is family law.
Is family law all you do?
If your attorney dabbles in personal injury, probate or anything else it’s a good sign that they’re not as committed to family law as they should be. These areas can be connected to family law but this isn’t something that your case should hinge on.
What are the steps I can expect you to take?
While every case is different, an experienced family law attorney will have reasonable expectations and that’s what your family law case is ALL about – reasonable expectations. Cases that go to court versus those that settle have their own costs. You need to know yours and how to measure them.
The Value of a Local Lawyer
Clients frequently ask our family law firm whether it is necessary to hire a local Surprise, Arizona lawyer to help them with their case. It is our belief that a local attorney, one who has offices in Surprise or the northwest Valley is in the best position to provide legal representation to someone dealing with divorce or other family law matters in the area. There are numerous reasons why this should be the case.
A family law attorney in Surprise can take advantage of the opportunity to build rapport and a personal relationship with the court by appearing frequently before the judge and frequently in the local courtroom. That level of familiarity can help your case outcome over the long haul.
There are many courts that a person can end up in during a local custody or divorce case, whether it is in the Phoenix area, the southwest Valley or even the east Valley. A local attorney has a better chance of learning early on which judges they will have for every hearing so that they can appropriately tailor their approach to each individual circumstance. Knowing the judge’s credence in certain areas so that they can effectively help your case is the role of the attorney. You want someone familiar with the court you’ll be going before, not someone who has never set foot in the room.
In general, for legal professionals, geography and jurisdiction are everything due to the nature of the court system and its logistics. For example , family court sensitive cases, such as divorce and paternity, will not generally be held at the Mesa courthouse or the Phoenix courthouse. For convenience’s sake for all those involved, the cases are held in the court that governs the area in which the primary action takes place. This is what is known as the court’s "jurisdiction," and it is delineated by geographic boundaries.
Your family law case will be handled exclusively in the county where the filing was made. For instance, if your case is filed in the Surprise court, it would be unlikely that your case would be transferred to the Buckeye or Glendale family law courts. So this is why having a local attorney, in the same vicinity as the divorce or custody court is important. The familiarity an attorney has with the majority of courts you will likely end up in – at minimum, that is about three courts, depending on the action – is vital in the successful representation of your needs and goals.
An attorney with local knowledge of and experience with the judge or judges overseeing your case has the potential to help your case in ways many people do not even recognize. For example:
You want your best divorce or custody outcome. You want to have an attorney who can get you what you need and want. One of the most important factors is choosing someone with their finger on the pulse of the local courthouses you will be dealing with for the next year or two.